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1. The Plaintiff (Counterclaim Defendant) paid to the Defendant (Counterclaim Plaintiff) KRW 13,200,000 and the amount pertaining thereto from September 30, 2020.
Reasons
1. The principal lawsuit and counterclaim shall be deemed to be a same;
A. Defendant (hereinafter “Defendant educational foundation”) is an educational foundation established under the Private School Act, and Defendant (Counterclaim Plaintiff; hereinafter “Defendant C”) was the representative of Defendant educational foundation from October 26, 2017 to November 22, 2019.
B. The Defendant educational foundation owns three-story buildings on the ground of D, E, and F (hereinafter “instant land”) in the city of public administration (hereinafter “instant building”).
Meanwhile, the instant land, which is the site for the instant building, was owned by G on November 10, 1997 by the Defendant Educational Foundation, but the said donation contract was revoked by a lawsuit seeking revocation of a fraudulent act. After that, Defendant C acquired ownership through sale on December 9, 2009.
(c)
From March 31, 2003, the Plaintiff leased 53 square meters of the first-rise pharmacy (hereinafter “instant pharmacy”) among the instant building. The contract date, such as a lease agreement, etc., the lessor, the object, the deposit and rent, and the lease term, written by the Plaintiff with respect to the instant pharmacy, are as follows.
On March 31, 2003, the deposit money and the rent for the leased object of a contract: The deposit money for the pharmacy of this case: KRW 50 million per month: from March 1, 2003 to February 28, 2004: KRW 100 million per month: The deposit for the defendant school foundation: KRW 100 million per month from the defendant school foundation (J kindergarten) and KRW 2 million per month from March 1, 2010 ( KRW 17.5 billion between March 2003 and February 28, 2012: the lease contract was concluded between the defendant school foundation and the district court of KRW 1.8 billion from March 1, 2010: KRW 1.1 billion to KRW 1.1 million from February 28, 2012; the amount of the deposit for the defendant school foundation and the amount of KRW 100,000,000 per month from March 1, 2012.
Defendant C’s site for the instant pharmacy.